File #: 24-360    Version: 1 Name:
Type: Resolution Status: Passed
File created: 3/14/2024 In control: Planning and Building
On agenda: 3/26/2024 Final action: 3/26/2024
Title: Revocation of a Conditional Use Permit for 5,000 Square Feet of Outdoor and 7,600 Square Feet of Mixed Light Cultivation
Attachments: 1. Staff Report, 2. Attachment 1 - DRAFT Resolution, 3. Attachment 2 - PC Resolution 19-95 and COA, 4. Attachment 3A - 11697 Inspection report 4.19.2022, 5. Attachment 3B - 11697 Inspection report 5.23.2023, 6. Attachment 4 - Inspection Photos, 7. Attachment 5 - Correspondence, 8. Attachment 6 - Posting, 9. Attachment 7 - Return Receipt
Previous Action/Referral: 19-1151, 24-741

To: Board of Supervisors

From: Planning and Building Department

Agenda Section: Public Hearing

Vote Requirement: Majority

SUBJECT:
title
Revocation of a Conditional Use Permit for 5,000 Square Feet of Outdoor and 7,600 Square Feet of Mixed Light Cultivation
end

RECOMMENDATION(S):
Recommendation
That the Board of Supervisors:
1. Open the public hearing and receive the staff report, testimony by the permit holder (also referenced herein as applicant) and testimony from the public on any of the additionally submitted information; and
2. Close the public hearing; and
3. Adopt the resolution (Attachment 1) which does the following:
a. Finds that the permit has been exercised contrary to the terms or conditions of approval, and that the use for which the permit has been granted has been conducted as to be a public nuisance; and
b. Revokes the Conditional Use Permit pursuant to Section 312-14 of the Humboldt County Code.
4. Direct the Clerk of the Board to give notice of the decision to the appellant, the Planning and Building Department, and any other interested party

Body
SOURCE OF FUNDING:
There is no identified funding source for this action. This is funded by the General Fund Contribution to department operations.

DISCUSSION:
Executive Summary
This item requests the Board of Supervisors revoke an approved Conditional Use Permit because the terms and conditions of permit approval have not been complied with and the use for which the permit was granted has been conducted as to be a nuisance. The site has not been in compliance since an April 2022 inspection, and the permit holder has been unresponsive to the Planning and Building Department's phone calls, emails, and letters. In addition, the project has a current balance of $4,893.65 which is owed to the Planning and Building Department.

Project History
The permit was approved by the Planning Commission on Aug. 1, 2019, with an effective date of issuance of Aug. 16, 2019. On April 12, 2022 t...

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